Briney v. Tri-State Mutual Grain Dealers Fire Insurance

— Plaintiff, W. J. Briney, seeks recovery from defendant, Tri-State Mutual Grain Dealers Fire Insurance Com pany, for a fire loss which occurred on October 23, 1958. He alleged in paragraph 6 of his petition “That the plaintiff has duly performed all the conditions and complied with all the conditions of the said policy to be performed on his part.” In Division I “Defendant denies the allegations of Paragraph 6 of plaintiff’s Petition.” In Division II defendant alleged there was a violation of the occupancy clause of the policy making plaintiff’s policy of insurance “null and void”. In reply…